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  • Covid-19

Covid-19: Guidance on making interim claims for payment [UPDATED]

See guidance on interim payment claims during the Covid-19 pandemic for various accounts, including criminal, civil & children's legal aid, A&A and ABWOR.

  • Covid-19

Opponent notifications and statutory statements in applications

Sets out Covid-19 arrangements on notifications of civil legal aid applications to opponents and what we need as far as statutory statements

opponents opponent

  • Covid-19

Notification of a grant of A&A, provision of ABWOR and your client’s declaration

View guidance on notification of admitting a client to A&A, provision of ABWOR and the need for a signed client’s declaration.

Notification intimation application form declaration mandate category codes initial limit

  • Covid-19

The Declaration

Find out about the online declaration, what it is for and how it ensures payment for work carried out.

Online declaration financial assessment financial eligibility route to payment contribution passport benefits vouching of income or capital collection of contribution instalments client signature of declaration form mandate legal aid online declaration legal aid online mandate

  • Covid-19

Cases where documentary evidence not available immediately

Find out about circumstances where documentary evidence to verify client’s finances is not immediately available, how to obtain this and the end of this process

verification practicable availability of evidence updated information missing documentation late verification

  • Covid-19

General scope of ABWOR in summary criminal proceedings

Find out about the legislation governing the availability of ABWOR in summary criminal cases.

Criminal ABWOR assistance by way of representation availability of ABWOR in summary criminal cases providing representation in summary criminal proceedings

  • Covid-19

Definition of “appointed solicitor” and principal criteria for acting

Read the criteria for acting as an appointed solicitor, including taking instructions directly from client and previous solicitor/client relationships.

Appointed solicitor appointed firm solicitor/client relationship direct instructions able to act immediately previous connection previous representation past dealings with client criteria for appointed solicitor who can act as appointed solicitor

  • Covid-19

Duty solicitor payment arrangements, identification parade fees, follow up fees, preliminary pleas, failure to appear, appointed solicitors, duty solicitor/half fee, prevaricating witness

Learn about the payment arrangements if you are acting as the court duty solicitor.

Duty solicitor fees identification parsed fees sessional fees sessions follow up fees fees duty solicitor duty fees court duty fees court fees court solicitor ID fees ID parade feesm fees for court fees for ID parade

  • Covid-19

Availability of criminal legal aid in summary proceedings

Learn about when criminal legal aid becomes available in summary proceedings.

Summary applications applications for a not guilty plea proceedings after pleading not guilty summary prosecution

  • Covid-19

Applying for legal aid in summary proceedings

Find out how to apply, what you must get from your client and the information we require to grant legal aid in summary proceedings.

Summary application form criminal suumary declaration criminal summary declaration application after tendering a not guilty plea summary declaration

  • Covid-19

Assessing disposable income

Find out how we assess disposable income and what outgoings can be included.

Passport benefit non-passport benefit earnings from employment drawings from self-employment outgoings calculating disposable income DWP types of income net profit income limit income income types

  • Covid-19

Legal Aid Online applications for solemn legal aid

Find out the information we require and how you must apply for legal aid in solemn proceedings.

Solemn cases solemn proceedings petition case how to apply client’s declaration applicant’s declaration valid application application form information required for application

  • Covid-19

Assessing disposable income in solemn proceedings

Find out how we assess disposable income and what outgoings can be included.

Passport benefit non-passport benefit earnings from employment drawings from self-employment outgoings calculating disposable income DWP types of income net profit all forms of income assessment of financial transactions income limits dependant allowance

  • Covid-19

Choosing the right legal aid declaration form for criminal appeals

Find out which declaration form to use for criminal appeals depending on whether or not your client was in receipt of legal aid for the original proceedings.

Declaration form LAO/APP/1 applying for appeal online supporting documentation correct form selecting the right form for an appeal LAO/APP/2 appeal legal aid leagl aid appeal

  • Covid-19

Appeal applications where financial eligibility test to be applied and information on assessing a client’s disposable income

Find out what information we need on your client’s income and how we apply the financial test on disposable income.

Financial eligibility financial test passport benefit non-passport benefit earnings from employment drawings from self-employment outgoings calculating disposable income assessment of client’s income review of earnings means test

  • Covid-19

ABWOR issues in fixed payment accounts

Learn about some of the common difficulties you may encounter when seeking payment for ABWOR in criminal fixed payment accounts.

ABWOR issues Increases under ABWOR multiple ABWOR post-ABWOR checks

  • Covid-19

Duty solicitor plea – half fee 

Learn about the circumstances where a half fee is payable to court duty solicitors.

duty solicitor half fee previous relationship solicitor client relationship

  • Covid-19

Completing the advice and assistance application form

Find out about the process for completing a civil Advice and Assistance application, including what you need to tell, how, and when.

Diagnostic Standard A&A advice other rights and facilities authority to grant

  • Covid-19

Financial eligibility for advice and assistance: evidence you must supply

Find out about the types of income and capital verification required for the admittance to Civil Advice and Assistance.

Income Capital Eligibility for advice and assistance financial evidence financial verification keycard Earnings Payslips P60 Self-employed earnings Business Accounts Self-Assessment tax return Benefits Benefit Award letters Bank accounts Business bank accounts Bank statements Property valuation Mortgage statement Investments No verification

  • Covid-19

The essential components of a civil legal aid application: forms, statutory statements, declaration

This page sets out the key information that must be provided with an application for civil legal aid. It includes guidance on information you should make applicants aware of before applying; identifying the correct application form; and how to provide an effective statutory statement.

minimum application requirements statutory statement declaration CIV/SOL online declaration application requirments

  • Covid-19

Our power to modify or impose conditions on grants of legal aid

An overview of our power to modify or impose conditions on grants of legal aid.

conditions on grant conditional grant Regulation 27 reg 27 condition

  • Covid-19

Submission of A&A accounts including diagnostics

Find out when we must receive an A&A account, including deadlines.

Time bar rules time limit for submission of accounts deadline for account submission late submission last entry for accounts delayed submission of accounts accounts submitted out of time time bar discretion time bar timebar timebar limit timebar discretion

  • Covid-19

Submission of account of expenses: when must your final account be submitted by?

Find out when you must submit your account at the conclusion of proceedings.

Timescales time period for submitting account deadline account deadline time limit time bar timebar time bar accounts accounts time bar timebar accounts accounts timebar

  • Covid-19

Civil legal aid accounts: activities covered by the conduct fee

Find out what tasks are covered by the conduct fee

Conduct hearings attendance conduct fee appearance fee

  • Covid-19

Civil legal aid accounts: availability of payments to account for fees

Learn more about payment of block fee and detailed accounts.

Payments to account fees interim payment schedule 5 schedule 6 detailed fees block fees

  • Covid-19

Applying for advice and assistance: choosing the correct category code, and advice and assistance applications on behalf of – or directly by – a child

Find out how you must apply for children’s A&A, timescales for doing so, when different category codes are appropriate and who may make applications.

Advice and assistance A&A ABWOR CHSA FAM CHC Social work fresh evidence proof child under 12 child over 12 category codes child age

  • Covid-19

Assessment of your client’s financial eligibility

Read about financial eligibility provisions for A&A and when contributions are payable, as well as the evidence needed to verify financial eligibility.

Passported benefit income support ESA JSA universal credit disposable income capital contribution keycard eligibility limits verification; financial verification

  • Covid-19

Cases where no documentary evidence of eligibility is immediately available

Find out what you can do in cases where documentary evidence of financial eligibility is not immediately available, including a number of examples.

No verification no documentary evidence verification can't verify no evidence no documents

  • Covid-19

Online declaration/your client’s declaration

Read our explanation of the purpose of the declaration form, find out who should complete it and what you should do with the completed form

Declaration form Nominated solicitor Representative capacity fiduciary capacity Child signing Declaration Form mandate

  • Covid-19

Conditions on grants of legal aid

Find out about the conditions that we may attach to grants of children’s legal aid.

Conditional grants conditions on children’s legal aid certificate legal aid conditions section 28G of the Legal Aid (Scotland) Act 1986

  • Covid-19

How we calculate income

Learn how income is calculated when assessing financial eligibility for children’s legal aid.

Disposable income Employed applicant Wages Salary Wage slip Self-employment Net profit State benefits Passport benefits Income support Income-related employment and support allowance Income-based jobseeker’s allowance Universal credit Disability Living allowance DLA Personal independence payments PIP Armed Forces Independence Payments Pension Maintenance Student grant Aliment deductions from income Rent Mortgage Council tax Allowances for partner Allowances for children Child care costs Debts Schedule 1 of the Children’s Legal Assistance (Scotland) (Amendment) Regulations 2013 dependents' dependent's dependent allowance

  • Covid-19

Timely submission of account of expenses

Find out what the time limits are for lodging an account of expenses and in what circumstances we may accept a late account.

regulation 8 of the civil fees regulations 1989 Time limit for lodging account 4 months after the date of completion of the proceedings Special reason for late submission Step in proceedings account deadline submission deadline deadline late submission late account

  • Covid-19

Eligibility for interim reimbursement of fees and outlays

Find out when it is possible to apply for an interim claim of fees or outlays.

Reimbursement Interim payment of fees Interim payment of outlays No advance payment of outlays

  • Civil Guidance
  • Availability of advice and assistance

Definition of advice and assistance

Read the definition of advice and assistance provided in the Legal Aid (Scotland) Act 1986, and what is meant by ‘representation’ in the context of A&A.

Availability of A&A Scots Law Advice and Assistance; Representation ABWOR Section 6 Legal Aid (Scotland) Act 1986

  • Civil Guidance
  • Availability of advice and assistance

Matters covered by civil advice and assistance

Find out about the extent to which advice and assistance is available for covering matters in different contexts, including outwith Scotland.

Scots Law UK Law Foreign Law Availability Jurisdiction covered A&A what is covered

  • Civil Guidance
  • Availability of advice and assistance

Granting standard advice and assistance

Read about the two forms of advice and assistance, and when you need prior approval to give standard A&A.

uplift from diagnostic to standard diagnostic A&A standard A&A diagnostic increase

  • Civil Guidance
  • Availability of advice and assistance

Matters covered by a diagnostic interview

Find out about the matter types and the tasks that may be covered by diagnostic advice and assistance.

Diagnostic A&A extent of cover diagnostic interview

  • Civil Guidance
  • Availability of advice and assistance

Choosing the correct A&A category code: Civil or Children’s

Read our guidance on choosing the correct category code for certain matters under A&A, to understand when a matter falls under Civil or Children’s A&A.

Civil A&A Childrens A&A Civil Family issues FAM choosing picking selecting category code A&A CHSA

  • Civil Guidance
  • Availability of advice and assistance

Diagnostic advice and assistance matter categories

View the list of categories that are covered by diagnostic advice and assistance (e.g. benefits, prison rules), and their associated category codes.

Diagnostic Category Codes £35 diagnostic category codes

  • Civil Guidance
  • Availability of advice and assistance

Policy and procedure where providing a diagnostic interviews only or multiple interviews

Find out how often you can grant diagnostic A&A and the associated procedures for doing so.   

Diagnostic A&A Further Diagnostic in 3 months Diagnostic procedures second diagnostic application multiple applications

  • Civil Guidance
  • Availability of advice and assistance

Moving from a diagnostic interview to standard advice and assistance: when and how to do this

Find out how to apply for an uplift from diagnostic to standard A&A, factors you should address in your application and the implications for payment.

Diagnostic Uplift Diagnostic to Standard Diagnostic Increase uplift A&A uplift diagnostic uplift

  • Civil Guidance
  • Availability of advice and assistance

Approved subject matters for standard advice and assistance: deciding whether a matter is ‘distinct’

Find out how to determine if a further grant of civil A&A is required for a ‘distinct matter’ and view a list of approved categories for standard A&A

Duplicate grant Distinct grant Multiple grants of A&A List of Standard A&A case types  

  • Civil Guidance
  • Availability of advice and assistance

Civil advice and “representation”: steps that can and cannot be taken before a court or tribunal

Find out what work can be carried out under A&A and ABWOR before a court or tribunal.

Civil ABWOR Steps in proceedings

  • Civil Guidance
  • Availability of advice and assistance

Relationship with civil legal aid applications

Read about how A&A interacts with civil legal aid applications; including A&A where civil legal aid is refused or not available.

Civil A&A Civil Legal Aid link relationship

  • Civil Guidance
  • Availability of advice and assistance

Who may provide civil advice and assistance?

Find out who may provide civil advice and assistance, and elements which may be undertaken by trainees or unqualified staff.

Solicitor Trainee solicitor Unqualified staff Paralegals

  • Civil Guidance
  • Availability of advice and assistance

Who can receive advice and assistance?

Find out who can receive A&A, and read guidance on availability of A&A for any client with other rights and facilities.

Person Child Under 16 Representative Capacity Company Body Club Firm Partnership Society Association Other rights and facilities Trade Union Home Insurance Car Insurance Policy Section 6

  • Civil Guidance
  • Availability of advice and assistance

Commencement of advice and assistance: the relevant date

Find out at what point A&A work becomes chargeable, and the relevant date to complete on the application.    

Applicant signature Solicitor signature Eligibility Financial Assessment Regulation 8 Chargeable Work

  • Civil Guidance
  • Availability of advice and assistance

The role of unqualified persons in the provision of advice and assistance

Read about the potential roles of unqualified persons in the provision of advice and assistance and what tasks they can undertake.

Unqualified staff paralegal admin staff administrative staff non solicitor non-solicitor receptionist

  • Civil Guidance
  • Availability of advice and assistance

Questions to ask your client in determining whether to grant advice and assistance

Read a list of key questions you may wish to ask different categories of clients (including children) in determining whether you may grant A&A.  

Child Representative Capital Income Property Partner Married Co-Habiting Aggregating Resources Conflict of Interest Contrary Interest

  • Civil Guidance
  • Availability of advice and assistance

Client information and satisfying yourself on eligibility before granting

Find out about satisfying yourself of your client’s financial eligibility before admitting to them to advice and assistance.     

Eligibility Income Capital Verification     

  • Civil Guidance
  • Availability of advice and assistance

List of your responsibilities

Read a list of your personal responsibilities in admitting your clients to advice and assistance.    

Eligibility Previous Advice and Assistance ABWOR Other rights and facilities other funding other facilities

  • Civil Guidance
  • Availability of advice and assistance

TOOL: apply for/oppose an order under the Adults with Incapacity (Scotland) Act 2000

Use our tool to view the steps in applying for/opposing an order under Adults with Incapacity (Scotland) Act 2000 and find which category code to use.

AWI order AWI application adults with incapacity oppose AWI order apply AWI order Adults with Incapacity (Scotland) Act 2000

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance and the assessment of financial eligibility

Read about how your client’s financial eligibility is assessed for the purposes of civil advice and assistance, including information on client contributions.

Financial Assessment Eligibility Eligibility limit Keycard disposable income Capital; Savings Property Contribution

  • Civil Guidance
  • Advice and Assistance application procedures

Financial eligibility of children for advice and assistance (non-criminal matters)

Find out about how we assess the financial eligibility of children applying for A&A, including a definition of ‘child’ and a discussion of resource aggregation.

Child Child Application for A&A Alimentary Obligation Aggregating of resources Parents Provider of aliment Unjust Inequitable Student Further education College University Family Law Act 1985 Children’s bank accounts

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance for reciprocal enforcement of maintenance orders: special eligibility arrangements

Information about special arrangements for client eligibility for A&A under Reciprocal Enforcement orders

Income Capital advice and assistance eligibility Reciprocal Enforcement maintenance orders Maintenance Orders Act 1972 exemptions

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance applications: the applicant’s declaration

Read about the importance of obtaining your client’s signed declaration as part of the A&A application and what they should understand when signing.

Declaration Mandate Capital Mandate client signature signing date client consent 7 Day Assessment Period Contact 3rd Parties contact third parties Other Bodies Property Recovered or Preserved False Declaration Quality Assurance

  • Civil Guidance
  • Advice and Assistance application procedures

Telephone grants of advice and assistance

Information on when clients may be admitted to Civil Advice and Assistance over the telephone.

Admittance to A&A Telephone grant posting the application 14 days to submit

  • Civil Guidance
  • Advice and Assistance application procedures

Granting advice and assistance: timescales for notifying us

Find out about the timescale for submitting a Civil Advice and Assistance application and late notifications.

Application deadline Commencement Date 14 Days payment of account late notification

  • Civil Guidance
  • Advice and Assistance application procedures

Identifying case types where A&A is appropriate: distinct and reasonably ancillary matters

Read about how to determine if you need to make a fresh grant of Civil A&A and distinct and ‘reasonably ancillary’ matters across various case types.

Distinct matters Ancillary matters Category codes Diagnostic interview Uplift to Standard fresh application Regulation 8A.

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance and the basic limits of expenditure: which level applies?

What initial authorised expenditure limit applies to a grant of A&A in various circumstances?

£95 £180 Initial Authorised Expenditure Level ABWOR initial limit

  • Civil Guidance
  • Advice and Assistance application procedures

Authority to exceed the initial expenditure limit for advice and assistance: template increases

Read about the process for gaining authority to exceed the initial limit of expenditure: the use of templates for increases in certain cases.

Civil Increases Civil Templates Increases limit of expenditure templates authorised expenditure prior authority

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance: non-templated increases

This page includes information on how to apply for non-templated increases in expenditure under civil A&A. It covers the information you should provide us with; case-related factors to address in your application; the process for reconsideration of refused increases; the process for urgently needed increases; whether authority for retrospective increases is available; and other guidance you may wish to consider.

Non Template Increase Civil Increase AA ABWOR limit of expenditure emergency increase out of hours number urgent increase

  • Civil Guidance
  • Advice and Assistance application procedures

Providing advice and assistance to children

Read about provision of A&A to children, including who may apply on a child’s behalf, and your role in assessing a child’s ability to instruct.

Children Child Application application on a child’s behalf Under 16 Capacity Curator ad litem Children (Scotland) Act 1995 ability to instruct

  • Civil Guidance
  • Advice and Assistance application procedures

Advice and assistance and changes of nominated solicitor

Read about arrangements for changes of nominated solicitor in A&A, including criteria we apply to requests, and procedure for changes or transfers.

Change of nominated solicitor in A&A Transfer of A&A block transfer block move

  • Civil Guidance
  • Advice and Assistance application procedures

Second solicitor giving advice and assistance on the same matter: prior authority required

Learn about the criteria that must be met for us to give our approval for a second solicitor to give advice and assistance on the same matter.

Duplicate applications Second grant of A&A Prior Authority same matter

  • Civil Guidance
  • Advice and Assistance application procedures

Procedure for withdrawing from giving advice and assistance

Find out what you need to do if you wish to withdraw from providing Civil Advice and Assistance

Withdrawal from acting Cease to act Regulation 13

  • Civil Guidance
  • Advice and Assistance application procedures

Private client charging after a grant of advice and assistance has ended: what you must do

Find out about arrangements for charging a client after a grant of A&A has ended, and what you must make sure the client agrees to.

End of A&A Rates after A&A Private paying client private client charging

  • Civil Guidance
  • Advice and Assistance application procedures

Rule on the simultaneous provision of A&A and civil legal aid

This page sets out the prohibition on the simultaneous provision of A&A and civil legal aid

Advice & Assistance Civil Legal Aid simultaneous A&A and legal aid

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Financial verification for civil advice and assistance: an introduction

An introduction to the financial verification required for Civil Advice and Assistance.

Introduction Financial Verification Civil Advice and Assistance Income Verification Capital Verification Eligibility     

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Financial verification for advice and assistance: general principles

View the general principles behind financial verification requirements for Civil Advice and Assistance.  

Financial Verification Income Verification Capital Verification Civil Advice and Assistance Documentary Evidence Eligibility

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance eligibility and financial verification: your client’s responsibilities and what they should be aware of

View the responsibilities of your client and what they should understand in regard to Civil Advice and Assistance and financial verification.

Applicant responsibilities Financial Verification False Information civil advice client responsibilities responsibilities

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial eligibility: assessment of capital

Learn about the forms of capital and documentary evidence required or passport/non passport benefits when for advice and assistance.

Financial Assessment Capital Eligibility Keycard Bank Account Bank Statement Bank App Screenshot Print Out Savings Account Shares Bonds Stocks Investments Property Insurance Policies Trust Fund Assets Business Will Caravan Boat Car Jewellery Antiques National Savings Certificates Partner passport benefit passported benefit certificate partner

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial eligibility: assessment of income

Learn more on the assessment of income when determining eligibility for Civil Advice and Assistance.

Financial Assessment Income Verification Keycard Earnings Wages Payslips Self Employed Business Accounts Self Assessment Tax Return Books Logs Passport Benefits Non Passport Benefits NASS Support Financial Assistance Financial Support Student Bursary Student Grant Student Loan P60 P45 Bank Statement Net Pay Income Tax National Insurance Maintenance CSA Aliment State Pension Pension Credit Private Pension Annuity non-passport

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial eligibility: cases where no documentary evidence of eligibility is immediately available

Read about our position in relation to cases where no documentary evidence of eligibility is immediately available for financial verification.

No Financial Verification No Income Verification No Capital Verification No Documentary Evidence Initial Meeting

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial verification in prisoners’ cases: aggregation of partner’s resources

Learn how to aggregate partner’s resources in prisoner cases for financial verification in civil A&A.

Prison Prisoner Partner Relationship Married Partner Resources Separated Separate and Apart Contrary Interest Conflict of Interest Unjust Inequitable impractical prisoner's wife priosn wife

  • Civil Guidance
  • Verification of financial eligibility for advice and assistance or ABWOR

Advice and assistance and financial verification: required age of documentary evidence

Read about the age of the documentary evidence required for civil advice and assistance.

Documentary Evidence Age Recent Eligibility Payslip Bank Statement Benefit Award letter Business Accounts

  • Civil Guidance
  • ABWOR in civil proceedings

The scope and availability of ABWOR in civil proceedings

Find out what the scope and availability of ABWOR and what proceedings it is availble for.

ABWOR tribunal hearing first tier tribunal upper tribunal

  • Civil Guidance
  • ABWOR in civil proceedings

Proceedings requiring our prior approval before granting ABWOR

Learn which proceedings you need our prior approval to provide ABWOR to your client.

ABWOR application appointment of executor first tier tribunal upper tribunal eligibility for ABWOR effective participation

  • Civil Guidance
  • ABWOR in civil proceedings

Financial eligibility tests for ABWOR: case type exemptions

Find out where exemptions apply for ABWOR.

free ABWOR non means tested ABWOR prescribed proceedings exemptions Historical sexual offences same-sex disregard disregard application

  • Civil Guidance
  • ABWOR in civil proceedings

Your responsibility to decide on your client’s eligibility for ABWOR

Read about your responsibilities when assessing your client’s eligibility for ABWOR.

ABWOR Assessment Capital

  • Civil Guidance
  • ABWOR in civil proceedings

Requirement for our prior approval for certain ABWOR cases: tests applied

View the tests you will need to satisfy to obtain our prior approval to provide ABWOR to your client in certain proceedings.

Reconsideration refusal of ABWOR applying for ABWOR ABWOR tests ABWOR requirements

  • Civil Guidance
  • ABWOR in civil proceedings

Civil ABWOR: the limit of authorised expenditure

View the amount of authorised expenditure initially available for ABWOR and how to increase this.

Expenditure limit Authorised expenditure ABWOR Fees expenditure limit

  • Civil Guidance
  • ABWOR in civil proceedings

Exemptions to rules on property recovered or preserved in Upper Tribunal proceedings

View a list of the legislation where property recovered or preserved in Upper Tribunal proceedings is exempt.

Property recovered preserved recovered or preserved clawback exemptions Upper Tribunal

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

The use of counsel under Advice and Assistance

Find out more about obtaining authorised funding for counsel under A&A.

Increase for counsel Third parties Authorised expenditure ABWOR

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Advice and assistance increases for expert witnesses who are based at a considerable distance from the court and your client: factors to address

View instances where A&A increases for expert witnesses that are located at a distance from the court and your client with the factors to address.

Increase for an expert choice of expert location of expert distance witnesses choice

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Advice and assistance increases for mediation

Find out about the conditions that have to be met for mediation to be considered outlay in your account under advice and assistance.

increase for mediation mediation mediation increase mediation cost mediation fee

  • Civil Guidance
  • Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Limited availability of advice and assistance for tracing relatives or witnesses: “fishing enquiries”

Discover when it is acceptable to trace a relative, party or witness and the implications on the availability of advice and assistance.

Tracing witness fishing enquiries relatives advertising tracing witness tracing relative relative

  • Civil Guidance
  • Increases for different types of case under A&A and ABWOR

TOOL: A&A increases and templates guide

Access guidance and easily check if a templated increase is available on Legal Aid Online for the type of A&A case you are working on.

A&A increase A&A increases template A&A template A&A templates. template increase non-template increase LAOL increase legal aid online increase advice and assistance increase Adoption Aliment Anti-social behaviour orders ASBOs Appeals CICA Convention case Applying for civil legal aid parental rights parental responsibilities Asylum Asylum appeals Bonds of caution in executries Caveats Child abduction Child Maintenance Service Contact residence Conveyancing Transfer of family home between spouses cohabitees separation divorce dissolution civil partnership Criminal injuries compensation claims Crofting Curators ad litem Declarator of parentage Defending action under the Convention Diligence Employment tribunals European agreement transmission of legal aid applications European Court of Human Rights Executry Failure to obtemper court orders Fatal Accident Inquiries FAI Guardianship Home visit hospital visit prison visit Housing Interdict Judicial review Mental Health (Care and Treatment)(Scotland) Act 2003 mental health Minutes of agreement Naturalisation as a British citizen Non-harassment orders Payment actions Pension splitting Pensions Power of Attorney Recovery of heritable property Reparation Sexual offence prevention order Simple Procedure Social security Watching brief Welfare benefit analysis Wills

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Introduction to civil A&A accounts legislation

Learn about the legislation applicable to Civil A&A accounts.

Civil A&A accounts legislation introduction

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Basis on which we assess requests for payment of AA fees and outlays: the standard of taxation

Learn about the standard of taxation we apply to the assessment of A&A accounts.

Accounts assessment basis for taxation standard of taxation taxation

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Tables of fees available for civil advice and assistance

Read an explanation of the table of fees available for civil A&A and ABWOR and access a link to them.

Civil A&A fees table of fees Schedule 3

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Cases where you are not due payment from the Fund: restrictions on what you can charge your client

Find out what you can charge your client where payment is not due from the Fund, including relevant rates and limits.

Charging the client where no Fund payment due client charging charge client private fees

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

Civil legal aid already in place

Find out the position on providing both A&A and civil legal aid in parallel

Giving advice and assistance when civil legal aid is in place/granted interaction between A&A and legal aid linked A&A and legal aid parallel A&A parallel legal aid already in place

  • Civil Guidance
  • Introduction to civil A&A and ABWOR fees

What information should you supply with your civil A&A account?

Find out what you need to supply when seeking payment of your civil advice and assistance account.

Account narrative accounts information required for assessment documents to supply required information accounts information

  • Civil Guidance
  • Payment under civil advice and assistance

Assessment of advice and assistance accounts: providing proportionate advice and potential abatements

Discover more about how to provide proportionate advice and potential abatements.

Proportionate advice abatements unnecessary advice advice and assistance accounts assessment of accounts reasonable advice payment for advice

  • Civil Guidance
  • Payment under civil advice and assistance

Payment under advice and assistance

Find out at what point you can charge for providing A&A and circumstances in which you must apply the financial test even where free ABWOR is available.

Advice and assistance accounts Regulation 8 free ABWOR when can I charge for A&A lodging an account criteria charge advice payment for work done

  • Civil Guidance
  • Payment under civil advice and assistance

“First port of call” provisions: payment sources to look to before making a claim on the Fund

Read about the hierarchy of payment sources, and the order in which you should look to them for payment (i.e. contributions and property recovered/preserved).

Hierarchy of payment first port of call sources of payment claims on the Fund contributions Section 12 payment soucre property recovered property preserved recovered preserved

  • Civil Guidance
  • Payment under civil advice and assistance

How to calculate and seek payment for A&A: the role of expenses/property recovered or preserved

Read about seeking payment of your A&A account from property recovered or preserved and the exceptions in which you may look to other sources.

Property recovered or preserved hardship applications Regulation 16(3) payment from the Fund sources of payment AA/HARDSHIP property recovered property preserved recovered property preserved property

  • Civil Guidance
  • Payment under civil advice and assistance

Payment for A&A where claiming judicial expenses: no claims on Fund or your client

Read about the restrictions on claiming payment from the Fund or your client where you are accepting judicial expenses.

Judicial expenses expenses in lieu payment from the client

  • Civil Guidance
  • Diagnostic interview

Payment for diagnostic work where standard A&A later becomes available

Find out when standard advice and assistance should be effectively substituted for your diagnostic interview.

further diagnostic grant diagnostic A&A diagnostic advice and assistance

  • Civil Guidance
  • Diagnostic interview

Submission of diagnostic advice and assistance accounts: timebar after three months

Find out why you must submit your diasnostic account within three months of the conclusion of advice and assistance.

diagnostic account diagnostic A&A account three months three month time bar timebar three month account

  • Civil Guidance
  • Diagnostic interview

Diagnostic advice and assistance: definition and expenditure limit

Find out what diagnostic advice and assistance covers and what your expenditure limit is.

diagnostic advice and assistance diagnostic A&A diagnostic expenditure diagnostic limit

  • Civil Guidance
  • Who may give advice and assistance

Understanding what is properly chargeable in accounts: who can provide advice and assistance?

View a reminder of the importance on understanding who can provide A&A and provides an overview of relevant information.

Properly chargeable who may provide advice and assistance unqualified persons delegation

  • Civil Guidance
  • Who may give advice and assistance

Advice and assistance accounts: delegation of work to unqualified person

Find out about the tasks which unqualified persons may be delegated, including a number of examples of appropriate and inappropriate delegation.

Unqualified persons delegation chargeable tasks definition of advice and assistance

  • Civil Guidance
  • Who may give advice and assistance

A&A/ABWOR accounts: what counts as ‘representation’?

Find out about how ‘representation’ is defined for the purposes of understanding what is chargeable in an A&A account, with a number of examples.

Representation trainees steps in proceedings preparation chargeable work

  • Civil Guidance
  • Who may give advice and assistance

Advice and assistance accounts: can I undertake chargeable work if my practicing certificate has been restricted?

Find out the implication of a restricted practicing certificate on whether you can undertake chargeable work under A&A.

Restricted practicing certificate chargeable work suspension of practicing certificate entitlement to practice

  • Civil Guidance
  • Who may give advice and assistance

Can I delegate advice and assistance to an out of house professional?

Find out the rule on the delegation of advice and assistance to other out of house professionals such as accountants.

Delegation out of house professional outsourcing accountant financial adviser

  • Civil Guidance
  • Who may give advice and assistance

Employment of and payment for counsel under A&A: prior authority required

Find out when you need to obtain prior authority to employ counsel under A&A.

Employment of counsel counsel and A&A delegation of work to counsel prior authority

  • Civil Guidance
  • Issues arising with different types of A&A

A&A for conveyancing work: requirement for increase to be granted and implications for property recovered or preserved

Discover more about conveyancing work, including when you should apply for an increase and what implications this has for property recovered or preserved.

Conveyancing work increase for conveyancing property recovered property preserved

  • Civil Guidance
  • Issues arising with different types of A&A

A&A charges for Criminal Injuries Compensation Agency work: no fees payable for precognitions

Find out why you are unable to charge for taking precognitions, in line with CICA work.

CICA application charges for precognitions fees for taking precognitions criminal injuries compensation agency work CICA form Criminal Injuries Compensation Agency Criminal Injuries Compensation Agency form Criminal Injuries Compensation Agency application

  • Civil Guidance
  • ABWOR accounts information

Civil ABWOR accounts: what is ABWOR and who may provide it?

Find out the definition of ABWOR and who is able to provide this service.

ABWOR accounts assistance by way of representation who can provide ABWOR circumstances where ABWOR is available provision of representation civil ABWOR ABWOR listed proceedings

  • Civil Guidance
  • ABWOR accounts information

List of ABWOR proceedings for which our prior approval is needed

Find out in which civil proceedings you will require our prior approval before granting ABWOR.

ABWOR proceedings eligible ABWOR proceedings civil proceedings where you require prior approval circumstances where you require SLAB permission pre-ABWOR grant ABWOR conditional on our pre-approval require prior approval Historical sexual offences same-sex disregard disregard application

  • Civil Guidance
  • ABWOR accounts information

ABWOR accounts and the employment of counsel: requirement of prior approval, and charges for unauthorised advocacy

Learn why you must apply to us for sanction for employment of counsel.

ABWOR increase ABWOR counsel ABWOR senior counsel ABWOR advocate counsel sanction for counsel employment of counsel costs of counsel authorised expenditure unsanctioned counsel consequences of unsanctioned counsel entrusting a case to counsel

  • Civil Guidance
  • ABWOR accounts information

ABWOR and charges for affidavits

Find out when affidavit charges may be payable for ABWOR.

affidavit ABWOR affidavit judicial proceedings administrative affidavit examples where affidavit is chargeable fee for affidavit

  • Civil Guidance
  • ABWOR accounts information

ABWOR and sequestration proceedings: block fees payable and charges subsumed

Read more on sequestration proceedings and how you should charge fees in such cases.

sequestration sequestration ABWOR ABWOR block fees sequestration proceedings block fees or detailed fees? general debt advice petition subsumed within block fee advising on matter of debt ABWOR for sequestration of an estate petition by a debtor

  • Civil Guidance
  • ABWOR accounts information

ABWOR payments for hearings before tribunals

Find out what payments you are entitled to for attending hearings before tribunals, including waiting time.

payment for hearings before tribunals fees for tribunal hearings minimum advocacy fee entitlement to fees for hearings calculating total fee for attendance at a hearing waiting time waiting time calculations calculating waiting time payment where gaps in waiting time at tribunal hearings

  • Civil Guidance
  • ABWOR accounts information

ABWOR accounts and instructing local agents

Discover when you should consider instructing a local agent.

ABWOR local agents instruction local agents distant tribunal nearest available agent local solicitor who should act based on location closest available representation travel costs unreasonable travel costs factors to consider before instructing local agent necessity of personal attendance in spite of travel costs personal attendance location of court

  • Civil Guidance
  • ABWOR accounts information

ABWOR and our assessment of fees for preparation: specific information required

Find out what specific information you should provide to support your fees for preparation.

Preparation fees eligible charges for preparation work details required on preparation work notes kept on file for preparation work reasonable charges for prep stage suitable notes to retain on prep work

  • Civil Guidance
  • Travel

When does travel become chargeable under A&A? Information you must be satisfied on

Find out the information you need to be satisfied about before you will be paid to travel to meet a client.

Charges for travel when is travel chargeable conditions for travel charges travel charge meeting client driving to client travelling to client

  • Civil Guidance
  • Travel

A&A and general rules for travel-related charges

Find out more about the general rules for travel in the context of civil A&A accounts, including on methods of travel.

Travel travelling cost of travel travel to client methods of travel travelling to client

  • Civil Guidance
  • Travel

A&A charges for consecutive days’ travel: is it cost effective?

Find out when we will pay for travel to the same location on consecutive days.

Overnight travel consecutive travel travel to same location multiple days of travel travelling

  • Civil Guidance
  • Travel

A&A travel costs: steps you should take to ensure costs will meet the statutory tests

Read about the steps you can take to ensure costs for A&A travel meet the statutory tests

Travel planning travel travel-related guidance travel rules accounts rules travel cost cost of travel will you pay for travel paying for travel travel accounts

  • Civil Guidance
  • Travel

Payment for travel outwith normal hours: what location will we pay you from?

Find out which location we will pay you from for travel out with normal office hours.

Travel outwith normal hours business address payment and location

  • Civil Guidance
  • Travel

Advice and Assistance accounts and travel: flat mileage rate payable and parking charges

Learn useful information about the milage allowance, VAT and parking charges for your A&A account.

Mileage rate VAT parking charges travel costs

  • Civil Guidance
  • Travel

Payment for travel and the appropriate apportionment of cost between clients: general policy

Find out about how travel costs should be apportioned where you have multiple clients, including various examples.

Apportionment of travel costs multiple clients recording of travel splitting travel costs travel costs for several clients dividing travel costs split travel costs splitting travel

  • Civil Guidance
  • Travel

Travel costs for one destination: attending on multiple clients and when to round up time spent

Find out about charging for travel costs where you have visited multiple clients at one destination.

Travel to see more than one client travel expenses visits costs multiple clients several visits splitting travel costs dividing travel costs

  • Civil Guidance
  • Travel

Travel costs where multiple destinations: how to appropriately allocate costs where equal apportionment is not possible

Read about how to allocate costs where equal apportionment cannot be done, including a worked example.

Travel to multiple destinations non-equal apportionment attributing travel costs

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Introduction to advice and assistance: property recovered and preserved provisions

Read an introduction to the issue of property recovered and preserved in civil A&A.

Where to get payment of your advice and assistance account hierarchy of payment fees and outlays clawback

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Payment of A&A fees and outlays: the hierarchy of payments and where you should look to for payment

Find out about the different sources you should look to for payment of your account and their hierarchy.

Hierarchy of payments Payment of advice and assistance account Payment from the Fund

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Our definition of property recovered or preserved (advice and assistance)

Learn our definition of property recovered or preserved in advice and assistance, and find various examples.

Recovered Recovery Preserved Preservation Clawback Difference between civil and A&A Half sharing Exempt exemption what is property definition

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Property recovered or preserved where your client received both A&A and civil legal aid

Read about how payment for A&A/civil legal aid accounts are linked where property is recovered or preserved, and differences between civil and A&A in this area.

Recovered Recovery Preserved Preservation Clawback Difference between civil and A&A Half sharing Exemptions Releasing money Retaining sufficient sums to cover accounts linked A&A

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Hardship applications: grave hardship or distress to client or undue difficulty or delay recovering the money – Reg. 16(3)

Read an overview of the two types of hardship applications in civil advice and assistance and what they mean for payment of your account.

Hardship applications Distress Grave distress Delay Undue delay Refused Reg 16(3) payment from the Fund

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Client hardship applications: Regulation 16(3)(a)

Find out about the advice and assistance hardship application based on hardship to your client, and information you should provide with these applications.

Client hardship Hardship 1 Grave hardship Distress Client unable to pay Reg 16

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Solicitor hardship applications: difficulty or delay in recovering from the applicant

Find out about the hardship application process for when you’re facing difficulty or delay in recovering from the applicant, including examples.

Solicitor hardship Hardship 2 Undue difficulty Delay Delay in getting payment from client Future recovery Tried to recover

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Clawback and transfers of agency

Find out about the payment implications of transfers of agency in cases where clawback may be an issue.

Transfer of agency No longer acting Previous solicitor’s advice and assistance account Action ongoing

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Review of our refusal under regulation 16(3)(a) or (b)

Find out about how you can appeal a hardship refusal.

Hardship decision Refused Appeal decision Review

  • Civil Guidance
  • A&A - clawback and regulation 16(3)

Clawback: our right to recover sums paid out of the Fund from the applicant

Learn about what right we have to recover any expenses or property recovered or preserved by your client to reimburse the legal aid fund.

Future recovery Applicant will have to pay in the future

  • Civil Guidance
  • Expenses

Expenses in favour of an assisted person

Find out about provisions relating to expenses in favour of your client, including situations where you should seek these and our power in this area.

Expenses Where my client is successful seek an award of expenses Factors in seeking expenses Expenses awarded Paying expenses to SLAB successful client seeking expenses award of expenses expenses award

  • Civil Guidance
  • Expenses

Expenses awarded against your client

Read about arrangements for when expenses are awarded against your client, including liability and the process for modifying or reassessing an award.

Expenses Where my client is unsuccessful Expenses against assisted person liability for expenses modification of expenses reassessment of expenses due client unsuccessful expenses awarded against client lost case court expenses

  • Civil Guidance
  • Expenses

Expenses of unassisted party out of the Legal Aid Fund

Find out about the circumstances in which an unassisted person’s expenses may be paid from the Fund and procedural information on Section 19 motions.

Expenses expenses of unassisted parties Section 19 where my client is successful against an assisted person client unsuccessful lost case won case section 19 motion motion section 19

  • Civil Guidance
  • Expenses

Awards of judicial expenses

Find out when you may seek payment of an award of judicial expenses, the implications for lodging your accounts, and read general guidance on this topic.

Judicial expenses Seeking payment of judicial expenses Electing to claim civil legal aid fees when judicial expenses are recovered Judicial expenses where both legal aid and advice and assistance provided paying judicial expenses chossing judicial expenses

  • Civil Guidance
  • Expenses

Judicial expenses and private charging for work done before legal aid was granted

Read more about judicial expenses and how to charge for private work done before the grant of legal aid.

Expenses and private charging; speculative agreements; private feeing; Section 32; judicial expenses; work done before legal aid in place private charging private fees expenses choosing expenses

  • Civil Guidance
  • Interpreting and translating

Legal aid accounts: payment for interpreters

Find out how account for payments for interpreters and translators.

Payment rate for interpreters Interpreting Translating Interpreters Translation Interpreters’ fees Translating fees Dungavel Police station visits Interpreters’ cancellation fees Interpreters’ travel Interpreters’ waiting time cases with language barriers cases where client doesn’t speak English Interpreters’ expenses language barrier

  • Civil Guidance
  • Interpreting and translating

Payment for translation services

Find out the rates for interpreter fees are and how they are paid.

Interpreting Translating Interpreters Translation Interpreters fees Translating fees rates for translators rates for interpreters word count payment rates additional charges for translation additional charges for interpreting pro rata rates for translator costs for translating documents translation administration costs tranlsating documents document translation

  • Civil Guidance
  • Interpreting and translating

Pro-forma invoice for interpreter or translator fees

Find out what the pro-forma invoice should look like and what details the translator/interpreter should typically include.

Interpreting Translating Interpreters Translation Interpreters fees Translating fees Pro-forma invoice template for translator invoice example of interpreter invoice assessment of interpreter fee details to include in translator invoice invoice

  • Civil Guidance
  • Interpreting and translating

Interpreter attendance at police stations

Find out who is responsible for providing an interpreter/ translator during a police interview and what we will pay for in special circumstances.

Interpreting Translating Interpreters Translation Interpreters fees Translating fees Police station visits Criminal Interpreter costs for attending assisted person in police station interpreter fee for attending assisted person in custody translation for client in custody interpreter required for police interview provision of interpreter services in police station interpreter visit to police station

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: General scope of legal aid in contempt of court proceedings

Read about the availability of legal aid for contempt of court proceedings and the type of legal aid you should apply for in these proceedings. It also sets out the powers of the court in relation to legal aid for contempt proceedings under Section 30 of the Legal Aid (Scotland Act 1986.

contempt of court contempt in civil proceedings civil contempt court granted legal aid legal aid from court contempt legal aid contempt of court legal aid

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Who can provide legal aid for contempt of court in civil proceedings? Legal aid registration requirements

Read about the registration requirements for providing legal aid for contempt of court.

civil contempt proceddings contempt of court legal aid legal aid for contempt civil Civil Legal Assistance Register

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Availability of legal aid for contempt of court proceedings

Learn about the application requirements in relation to legal aid for contempt of court. It covers the requirement to make applications, availability of legal aid for contempt at first instance and appeal stages, what is meant by ‘distinct proceedings’ and provides a definition of legal aid in this context.

Contempt distinct proceedings means merits means and merits appeal Section 30(1) Section 30(3) section 30 appeal contempt contempt application

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Contempt proceedings at first instance: power of the court to assign you or counsel

Find out about the power of the court to assign you or counsel in contempt proceedings and when and how this may be used.

court granted court assigned contempt of court sheriff appointed court appointed civil legal aid contempt proceedings

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Legal aid in contempt proceedings at first instance: applying to the court and eligibility criteria

Find out about the eligibility criteria the court applies for contempt proceedings at first instance, as well as the form to use in applications.

contempt of court applying for civil contempt of court civil contempt contempt in civil proceedings applying for contempt of court legal aid contempt of court legal aid

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Legal aid in contempt appeals: applications to us and tests applied

Find out how to apply for legal aid for an appeal against a contempt of court decision, including the test we apply and special urgency arrangements.

special urgency civil contempt contempt of court legal aid legal aid for contempt of court contempt proceedings first instance contempt proceedings contempt appeal contmept

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Contempt of court: refusals of legal aid

Read about arrangements for reviewing our decision to refuse legal aid for contempt of court proceedings and the implications of a successful appeal.

contempt of court review contempt refused contempt appeal contempt fees contempt payment court granted legal aid immediate grant civil contempt contempt in civil trial

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Sanction in contempt of court cases

Read about sanction in contempt of court cases, including when you need prior authority, the use of counsel, expert witnesses and unusual work.

contempt sanction sanction in contempt of court cases contempt of court counsel counsel in contempt of court approval for sanction expert witness in contempt contempt of court expert witness contempt prior approval

  • Civil Guidance
  • Legal aid for contempt of court proceedings

Civil: Termination of legal aid in contempt cases: application of Regulation 8 and implications

Read about the circumstances in which we may terminate legal aid in contempt cases and the implications of termination for you and your client.

temrinate termination contempt of court legal aid contempt recovery recovery of fees